THUSHARA GEORGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are husband and wife. They have filed this Writ Petition producing Exts.P5 to P8 scan reports/ other medical records in respect of the 1st petitioner and seeking a direction to the respondents to carry out medical termination of pregnancy of the 1st petitioner. The scan reports would show severe abnormalities to the fetus viz. Double outlet ventricle, conditions of pulmonary artesia and perimembraneous ventricular septal defect, etc. The gestation age of the fetus was 22 weeks and 2 days as on 03.11.2020.

(2.) When the matter came up for admission on 06.11.2020 this Court passed an interim order directing the 6th respondent to constitute a Medical Board and to examine the 1st petitioner. Though a Medical Board was constituted and a report was furnished, the learned Counsel for the petitioner submitted that the 1st petitioner was not subjected to any scan. On calling for explanation it was informed that no facilities are available in the General Hospital to subject the 1st petitioner to US scan 3, 4, etc. In view of the said report, another interim order was passed on 11.11.2020 directing the additional 7th respondent to convene a medical board to examine the petitioner and to make available a report on the following :

(3.) Smt. Princy Xavier, the learned Government Pleader has made available the report of the medical board which would show that the medical board was convened on 12.11.2020 itself with the following members: